INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
The taking into charge of the sentenced person by the authorities of
the administering State shall have the effect of suspending the enforcement
of the sentence in Romania, and the Romanian State may no longer enforce
the sentence or to continue the enforcement of the sentence if the
administering State considers, in accordance with the law, enforcement of
the sentence to have been completed.
The Romanian state has the right to exercise of special means of
attack, in order to amend or overturn the final sentence. The sentenced
person may exercise or, as the case may be, to solicit the exercise of special
means of attack, even after the transfer.
For the previous procedure the request for transfer formulated by a
foreign national sentenced by a Romanian court shall be communicated to
the Ministry of Justice. After receiving the request, the Ministry of Justice
will solicit the communication, as a matter of urgency, by the National
Administration of Penitentiaries, of the documents and information
referred to above, and after receiving them, the Ministry of Justice will
translate and communicate them, alongside with the request for transfer, to
the central authority of the administering State, from which it will solicit,
however, the communication of the documents provided by the law, as
well as the decision regarding the acceptance of the request for transfer.
If the Romanian authorities have information or documents which
necessarily attract the refusal of the transfer, the documents and
information won't be communicated to the central authority of the
administering State. The solution may be given by the competent Court of
Appeal, noticed by the Attorney General of the court, ex officio or at the
request of the Minister of Justice. The sentence of the Court of Appeal shall
be justified and shall be subject to appeal within 5 days after the
pronouncement. If the sentence remains final, the Ministry of Justice shall
inform without delay the central authority of the administering State about
this. The information of the sentenced person shall be made in duly,
through the agency of the National Administration of Penitentiaries.
When the conditions are fulfilled, the ministry communicates the
request and the adjuvant documents, accompanied by translations, to the
Attorney General of the Prosecuting affiliated to the Court of Appeal. In the
dossier shall be also attached the notifications concerning the request for
transfer by the competent foreign consular office.
The Attorney General, receiving the request and the documents
referred to above, shall start taking a statement to the sentenced person, to
ensure that he consented to transferring, personally or by representative.
The statement of the sentenced person shall be recorded in the official
report, which shall be signed by the prosecutor and the sentenced person.
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